Carabin & Shaw P.C.

July 29, 2020, AUSTIN — A person is dead after drowning in a central Austin apartment complex pool just before midnight last Sunday. According to Austin-Travis County EMS, the accident happened at the La Casita Apartment complex in the 2900 block of Cole Street, just east of Interstate 35.  ATCEMS said medics performed CPR on an adult person after they were taken out of the water. About 40 minutes later, ATCEMS said the person was pronounced dead on scene. Swimming Pool Safety Tips Continue reading → from Texas Injury Lawyers Blog https://www.texasinjurylawyersblog.com/accident-injury-report-adult-drowns-at-austin-complex-swimming-pool/

Every year, hundreds of residents enjoy the outdoors by swimming at their local apartment, hotel/resort, or community swimming pools. A beautiful breeze and the refreshing waters of swimming pools make these gathering places a fun activity for families. No wonder that the pools are the center of summer fun where family members of all ages relax and enjoy the outdoors together. Despite the benefits and pleasures swimming pools provide to its users, there are also risks involved. In fact, swimming pool accidents are one of the most common types of accidents reported in an apartment complexes, hotel complexes, or community neighborhood pools.   If a serious injury happens due to negligence or worse yet, a drowning, at one of these public venues, you do have someone to turn to for help and advice at Carabin Shaw .  Continue reading → from Texas Injury Lawyers Blog https://www.texasinjurylawyersblog.com/our-swimming-pool-accident-lawyer-on-your-legal-options-after-a-pool-drow...

When someone gets into another’s car as a passenger, they hope that the driver is safe and alert while operating the vehicle. Sometimes, however, even when the driver exercises the utmost care and attention while driving, Texas car accidents can happen because of recklessness or negligence from other careless drivers on the road. When collisions involving these circumstances result in a tragedy, families left in the wake of the incident deserve to be compensated for their loss. In a recent news report , a fatal Texas car crash resulted in the death of two young individuals. At around 6:00pm in the evening, a 19-year-old was driving east and did not yield the right-of-way as a pickup truck was heading north. The truck collided with the passenger side of the 19-year old’s vehicle, and the driver died at the scene. His passenger, a young 20-year-old woman, was flown by air ambulance to a hospital nearby, where she later passed away. The Texas Department of Public Safety and its troopers ...

You don’t have to live near an ocean, lake, or river to be subjected to flash flooding brought on by heavy rains that have nowhere to go. Flash floods may be one of the most dangerous weather-related phenomena because they can happen anywhere. The water rises so fast and flows so swiftly that roads can be particularly dangerous.  Nearly every town and city across the country is vulnerable to storm drains and sewer systems overflowing and/or backing up because of too much rain for them to handle or debris clogging them Continue reading → from Texas Injury Lawyers Blog https://www.texasinjurylawyersblog.com/how-to-safely-drive-during-a-flash-flood-warnings/

Recently, the United States Department of Agriculture (USDA) and Food Safety and Inspection Service (FSIS) announced that La Bodega Meat is recalling over 80,000 pounds of raw beef products. According to the press release, the products did not receive a re-inspection when entering the United States. Individuals can suffer severe injuries if they consume recalled meat in Texas. These individuals should seek medical attention and legal assistance if they experience adverse reactions to defective food products. The recalled beef products included ribeye rolls, flank steaks, boneless brisket, inside skirt, flap meat, sirloins, peeled knuckle, rounds, and other similar meat pieces. The meat entered the United States in early June and was shipped to distributors in Texas, Missouri, and Arkansas. Although there have not been any confirmed cases of serious adverse reactions, the FSIS believes that some products may still be frozen in distributors’, retailers’, and other customers’ freezers. ...

Tuesday, July 14, 2020, AUSTIN — On average, one motorcyclist dies every day on Texas roads, and transportation officials are urging Texans to exercise caution and limit distractions while on the road, as traffic increases during the summer months. The Texas Department of Transportation’s annual “ Share the Road: Look Twice for Motorcycles” campaign , which is each July, aims to alert drivers to the risks that motorcyclists face and suggests safety precautions motorists can take to protect motorcyclists and themselves. The campaign reminds drivers that motorcycles are small and can be hard to see. In 2019, 412 motorcyclists were killed in Texas and more than 1,800 were seriously injured. “The six-month period from May through October is the deadliest for motorcycle riders and accounted for 61 percent of motorcycle fatalities in Texas last year,” said TxDOT Executive Director James Bass. “That’s why we are urging drivers to Look Twice for Motorcycles-there’s a life riding on it.” ...

A recent case provides insight for Texas plaintiffs suing manufacturers for injuries caused by their products. According to the court’s opinion, the plaintiff was injured after her dentist inappropriately used a product to clean her dentures. The plaintiff later suffered significant injuries when the dentures were placed in her mouth. After suing the dentist and the product’s manufacturer, the plaintiff’s claim against the manufacturer was dismissed by the United States 5th Circuit Court of Appeals. The plaintiff’s claim against the manufacturer was based on a failure to warn. The theory underlying failure to warn claims is that a product’s manufacturer has a responsibility to warn users of harmful effects. As one court explained, “in a failure-to-warn case, the plaintiff must show that the warning was defective and that this…was the producing cause of the plaintiff’s injury.” These cases typically come down to a question of whether the warning was adequate. In other words, a plainti...

The Supreme Court of Texas, recently issued an opinion addressing the reach of the Texas Farm Animal Activity Act (Farm Act). According to the court’s opinion, the defendants owned and operated a 760-acre cattle farm. In 2005, they hired a part-time ranch hand to work the cattle and perform other duties at the ranch. After training the ranch hand, they allowed him to work alone while the owners tended to their other businesses. On the day of the accident, the owners instructed the ranch hand to move 20 head of cattle from one end of the ranch to another. When the owners returned, they found the ranch hand dead behind the barn. It was indicated in the medical report that the ranch hand died from blunt force and crush injuries, most likely from being trampled by the animals. A wrongful death lawsuit was filed by the ranch hand’s family against the owners, alleging that they were negligent in failing to provide a safe workplace, failing to train the ranch hand and warn him of the danger...

Friday, July 3, 2020, SAN ANTONIO, TEXAS–Fireworks are a time-honored and much beloved tradition on the July 4th Weekend.  But this year, fireworks celebrations across the country may be cancelled or reduced due to Covid-19. Many people will now celebrate the holiday at home or at a neighbor’s house. Here are suggestions for staying safe and avoiding a visit to the hospital from do-it-yourself-home fireworks. Backyard fireworks can be dangerous, causing serious burns, eye injuries and even death. According to the American Academy of Pediatrics , fireworks should only be handled by a well-trained adult — and that includes sparklers. Children under 15 account for more than a third of the injuries, which included burns and wounds to the hands, fingers and arms, the head and face, and eyes. Some of the most severe and fatal injuries happened when lit fireworks seemed not to work correctly and were being held by the victim when they exploded. Continue reading → from Texas Injury ...

Recently, the Texas Supreme Court barred a plaintiff’s injury claims against her late husband’s former employer based on its interpretation of the exclusive-remedy provision in the Texas Workers’ Compensation Act. This ruling has major implications for Texas workers injured on the job. Texas’ Workers’ Compensation Act (the Act) provides benefits for covered employees injured on the job. The Act does not allow covered employees to seek remedies outside of the Act, except where the employee can prove that their injury was the result of an employer’s intentional act. In order to fall under the exception, the injured employee must show that the employer (1) desired the consequences of its actions and that (2) acted with a belief that certain consequences were substantially certain to result. This situation involved a widow who sued her late husband’s employer after he fell asleep at the wheel of his tanker truck and died when it ran off the highway. The plaintiff argued that the acciden...